Kansas Legislature – 2021

The 2021 Kansas Legislature is scheduled to convene on Monday, January 11, 2021, after a tumultuous 2020 that included a worldwide shut down as a result of the COVID19 pandemic, political and electoral dysfunction at the highest levels of the federal government, refusal by some to recognize, respect, or heed warnings by medical, scientific, and other experts opting instead for hyper-political and anti-science “magical” solutions to real and deadly biological pathogens, for the first year of the 2021-2022 Legislature.

The Kansas legislative session generally runs for 90-days until approximately mid-April (but the 2020 Legislative Session was cut drastically-and thankfully-short by the COVID19 pandemic, which ended the 2020 Session months early). In 2021, there is no telling what will happen or how long the legislative session will last, since multiple vaccines for the virus were released in mid-December 2020, but because of the anti-science hysteria that went on for most of 2020, it was hard to say if the necessary percentage of the population would opt to take the precaution of being vaccinated. Additionally, when House and Senate rules were being debated, Republican members refused to amend the rules to require the wearing of masks on the floor or in committee meetings, and wouldn’t allow members who used video conferencing to ask questions–pushing members to come into the simmering pot of coronavirus. Midway through the session, all members (who wanted it) had been vaccinated, and regular seating resumed during the week of March 15 (after first-house turn around).

Elections for all House and Senate members occurred in November 2020, with a surprising record turnout. With that election, Republicans increased their supermajority status in both the House and Senate. The House became more polarized since Republican moderates were virtually obliterated from the ranks of the majority party, but some parts of the state (notably in northeast Johnson County) became even greater strongholds of Democratic districts. The polarization was obvious beginning with the first week of the session when the GOP-dominated legislature quickly passed bills cutting back the powers of Democratic Governor Laura Kelly and then upped the ante later in the session by passing other bills to cut back on not only the governor’s powers during a pandemic, but authorizing a complaint procedure by disgruntled anti-mask and anti-vaxxer residents when a local body wouldn’t change its Covid masking rules for those anti-maskers. The Session was also highlighted by the arrest of two GOP representatives during the Session (Majority Leader Gene Sullenthrop (R-Wichita) and Rep. Mark Samsel (R-Wellsville)). By the end of the Session, Governor Kelly ended up vetoing 17 bills – the most vetos issued in decades – all including polarizing topics and many seemingly passed by the Legislature to foment confrontation with the Governor and to highlight partisan issues of the prevailing national push by right-wing supporters of Donald Trump. Included in the bills vetoed were bills to prohibit transgender youth from participating in school sports other than their gender assigned at birth, voting restrictions, massive tax cuts directed at schools, and assignment of some of the governor’s responsibilities to other elected officials.

Bills introduced into the 2021 Legislative Session survive for consideration in the 2022 legislative session, although a new version of holdover bills are often introduced.

For the 2021 Session of the Kansas Legislature, individual requests for bill introductions had to be submitted before February 10, 2021; with committee introductions before February 12, 2021. All bills must pass the house-of-origin on or before March 5, 2021 (with some exceptions) or they die for the session. The Legislature took its second break on March 31 to await Conference Committees work on conferencable bills, which was second-house turn-around.

The Legislature reconvened after the break on April 6, 2021 for consideration of Conference Committee recommendations and the Governor’s vetos of various bills, including a bill directly discriminating against transexual teens that further target and harm them. The Legislature returned on May 5, 2021, for its veto session and overturned most of the Governor’s vetos with partisan zeal rarely seen in respectful Kansas — with the one exception of the discriminatory anti-trans bill, with its veto upheld. The Legislature adjourned after the veto session on April 9, and returned for sine die on May 26, 2021, thankfully ending one of the worst legislative sessions in recent history.

Senate:

SB6: Counting any crime with a domestic violence designation as a prior conviction under domestic battery.

This bill, introduced pre-session on December 31, 2020, would include in the definition of “prior conviction” for purposes of domestic battery any previous crime designated as one of domestic violence. A duplicate bill was introduced in the House on the same day (see HB HB2029). The bill was referred to the Senate Judiciary Committee for hearing, which set the hearing on Wednesday, January 27, 2021, at 10:30 AM in Room 346-S.

SB54: Protection from abuse; extensions

This bill, introduced on January 21, 2021 would authorize judges the power to extend protection from abuse orders for more reasons, and provide that the time to file or extend time deadlines are tolled when the defendant is in prison. The bill was assigned to the Judicary Committee for hearings.

SB60: Crimes and criminal procedure; jurisdiction, proximate result for purposes of determining when a crime is committed partly within this state; prohibiting psychological evaluations of crime victims; creating the crime of sexual extortion; eliminating the spousal exception to sexual battery; amend the crime of eluding a police officer (PASSED SENATE 38–0)(PASSED HOUSE AMENDED 113–11)(CONFERENCE COMMITTEE)(CCR PASSED HOUSE)(CCR PASSED SENATE)(GOVERNOR APPROVED)(EFF. JULY 1, 2021)

This bill was introduced into the Insurance Committee on January 22, 2021, at request of the Attorney General. The bill would amend the statute governing jurisdictional application of the Kansas Criminal Code to define “proximate result” as meaning any logical effect or consequence of an act regardless of whether the statute governing the charged offense considers the specific effect or consequence of such act. The bill was assigned to the Senate Insurance Committee for hearings. On January 25, 2021, the bill was withdrawn from the Insurance Committee and reassigned to the Senate Judiciary Committee. On February 3, 2021, the Judiciary Committee scheduled hearings on the bill for Wednesday, February 3, 2021, 10:30 AM Room 346-S. On February 11, 2021, the Senate Judiciary Committee recommended that the bill be passed without amendment. On February 17, 2021, the Senate Committee of the Whole considered the bill and recommended it be passed by the Senate (after rejecting a proposed amendment by Sen. David Haley (D-KCK)). The full Senate passed the bill without amendment on February 18, 2021, Yea: 38 Nay: 0.

The bill was introduced into the House on February 19, 2021, and assigned to the House Judiciary Committee for hearings. The Judiciary Committee scheduled a hearing on the bill for  Monday, March 15, 2021, 3:30 PM Room 582-N. On March 24, 2021, the House Judiciary Committee amended the bill only to change the effective date to upon publication in the Kansas Register. On March 29, 2021, the House Committee of the Whole considered the bill and amended the bill on motion by Rep. Vic Miller (D-Topeka) to add provisions from HB2120 related to the crimes of aggravated criminal sodomy and aggravated sexual battery removing the spousal exception (which had passed the House Yea: 110 Nay: 13 on February 11, 2021 but had been delayed in the Senate). On March 30, 2021, the House passed the amended bill Yea: 113 Nay: 11.

On March 30, 2021, the Senate non-concurred with the House amendments and, with the House accession on April 6, 2021, sent the bill to Conference. On May 4, 2021, during the Veto session, the Conference Committee Report recommended a further modification to the bill. The Conference Committee agreed to the provisions of SB60 as passed by the Senate regarding jurisdictional application in the Code, bundling into the bill SB204 as passed by the Senate, prohibiting psychological or psychiatric examinations of crime victims; HB2001 as passed by the House, creating the crime of sexual extortion; HB2093 as amended by the Senate Judiciary Committee, enhancing penalties for fleeing or attempting to elude a police officer; and HB2120 as passed by the House, removing the spousal exception in the crime of sexual battery. The House adopted the Conference Committee recommendations on May 4, 2021, Yea: 118 Nay: 3. The Senate followed suit approving the Conference Committee recommendations on May 5, 2021 Yea: 40 Nay: 0, sending the bill to the Governor for approval. The bill was signed by Governor Kelly on Monday, May 17, 2021, making it law starting on July 1, 2021.

SB85: Foster care; notification to the governor and the legislature of missing youth. (PASSED SENATE 38-0)

This bill was introduced on January 26, 2021, into the Senate Public Health and Welfare Committee. The bill would require a foster care case management contractor with the Department for Children and Families (DCF) to notify DCF whenever a child in foster care has gone missing or spent any overnight period in a location not licensed as a placement for foster youth. The bill would establish time frames and actions that would be required to be taken, should the contractor notify DCF of the missing child or overnight stay at a non-licensed location. The bill would also establish fines on the contractor and authorize DCF to adopt rules and regulations. The proposal is the result of perceived problems in the past of the legislature and governor obtaining information as a result of the privacy protections involved in child in need of care proceedings.

The bill was assigned to the Senate Public Health and Welfare Committee for hearings. The Committee set hearings for Tuesday, February 2, 2021, at 8:30 AM in Room 142-S. In the Senate Committee hearing, a representative of the Children’s Alliance of Kansas testified as a proponent. The proponent stated the bill would codify existing policies and procedures for contractors. A DCF representative provided neutral testimony. The representative stated DCF already accomplishes some of the notification and monitoring requirements the bill would require. A representative of the Johnson County Sheriff’s Office provided opponent testimony, expressing concern the bill would be interpreted to supersede current DCF policy requiring law enforcement to report a missing child immediately. On February 10, 2021, the Senate Committee recommended that the bill be passed with amendments, including an amendment of the required conditions established by the bill. The bill, as introduced, would have required a contractor to notify DCF if a child spent any overnight period in a facility under the control of the contractor. The Committee amended the bill to require a contractor to notify DCF if a child spent any overnight period in a location not licensed as a placement for foster youth. The Senate Committee also removed a requirement that DCF would have to add to a child’s notification report which of the top five recommendations, if any, by the Child Welfare System Task Force have been implemented or addressed by the Legislature to instead require DCF to prepare an annual report to the Legislature summarizing data, outcomes, and trends related to children who have gone missing or who have spent any overnight period in a location not licensed as a placement for foster youth. The bill was debated by the Senate Committee of the Whole on February 17, 2021, and approved for consideration by the full Senate. On February 18, 2021, the bill passed the Senate Yea: 38 Nay: 0.

The bill was introduced into the House on February 22, 2021, and assigned to the House Committee on Children and Seniors. The House Committee scheduled a hearing on the bill for Monday, March 22, 2021, at 1:30 PM in Room 152-S. A second day of hearings was held on Wednesday, March 24, 2021, at 1:30 PM in Room 152-S.

SB103: Powers of Attorney; Judicial Council forms. (PASSED SENATE 38–0)(PASSED HOUSE 122–0 AMENDED)(CONFERENCE COMMITTEE)(HOUSE ADOPTED CCR 123–0)(SENATE ADOPTED CCR 39–0)(GOVERNOR SIGNED APRIL 21, 2021)(EFF. JULY 1, 2021)

This bill, introduced on January 28, 2021, would direct that any power of attorney signed after July 1, 2021, using a form issued by the Kansas Judicial Council would constitute “substantial compliance” with the requirements of the Kansas Powers of Attorney Act. The bill was assigned to the Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 8, 2021, 10:30 AM Room 346-S. On February 11, 2021, the Senate Judiciary Committee recommended that the bill be passed as introduced without amendment. The bill was debated by the Senate Committee of the Whole on February 17, 2021, and approved for consideration by the full Senate. The bill passed the Senate on February 18, 2021 Yea: 38 Nay: 0.

The bill was introduced in the House on February 19, 2021, and assigned to the House Judiciary Committee for hearings. The Committee set the bill for hearing on Wednesday, March 10, 2021, at 3:30 PM Room 582-N. On March 18, 2021, the House Committee amended the bill to make it effective upon publication in the Kansas Register. The bill was debated by the House Committee of the Whole on Wednesday, March 24, 2021 and passed on to the full House as amended by Committee. On March 25, 2021, the full House passed the bill as amended Yea: 122 Nay: 0.

That same day, March 25, 2021, the Senate non-concurred in the House amendments and appointed members to a Conference Committee. The House acceded to the Senate request for Conference on March 29, 2021. The Conference Committee Report was presented on April 7, 2021, in which the House receded from all of its amendments to the bill, accepting the bill effective date as July 1, 2021. The House adopted the Conference Committee recommendations Yea: 123 Nay: 0. On April 8, 2021, the Senate adopted the Conference Committee recommendations Yea: 39 Nay: 0.

The Governor signed the bill on April 21, 2021, making it effective July 1, 2021 when published in the statute book.

SB104: CINC; requiring court to enter order that child remain at placement. (PASSED SENATE 28–9)

This bill, introduced through the Judiciary Committee on January 28, 2021, would change KSA 38-2260 from allowing a court to issue an order directing a child to remain in a present or future placement during a CINC proceeding to require the court make that order. The bill was assigned to the Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 9, 2021, 10:30 AM Room 346-S. On February 26, 2021, the Committee recommended the bill be passed as introduced. The Senate Committee of the Whole considered the bill on March 2, 2021, and recommended that it be passed. The Senate passed the bill Yea: 28 Nay: 9 on March 3, 2021.

The bill was introduced into the House on March 4, 2021, and assigned to the House Judiciary Committee.

SB106: Notaries public; enacting the Revised Uniform Law on Notarial Acts. (PASSED SENATE 39-0)(PASSED HOUSE 122–2 AMENDED)(CONFERENCE COMMITTEE)(HOUSE ADOPTED CCR 123–0)(SENATE ADOPTED CCR 39–0)(GOVERNOR SIGNED APRIL 21, 2021)(EFF. JULY 1, 2021)

This bill, introduced on January 28, 2021, in the Judiciary Committee would enact the 2018 Revised Uniform Law on Notarial Acts and repeal the current Kansas statutes enacting the original Uniform Law on Notarial Acts (1982). The Revised Uniform Law on Notarial Acts (“RULONA”) is a comprehensive revision of the Uniform Law on Notarial Acts as approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) in 1982. As stated by the Uniform Law Commission (ULC) Comments to the 2018 revision, “Since [1982], countless societal and technological as well as market and economic changes have occurred requiring notarial officers and the notarial acts that they perform to adapt. In addition, there has been a growing non-uniformity among the states in their laws regarding notarial acts. This version of ULONA adapts the notarial process to accommodate those changes, makes the Act more responsive to current transactions and practices, and seeks to promote uniformity among state laws regarding notarial acts.” The bill was assigned to the Senate Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 9, 2021, 10:30 AM Room 346-S. On February 19, 2021, the Judiciary Committee recommended that the bill be passed by the Senate without amendment. The Senate Committee of the Whole debated the bill on March 1, 2021, and adopted an amendment offered by Sen. Warren (R-Overland Park) changing the effective date of the bill to January 1, 2022. The Senate passed the amended bill Yea: 39 Nay: 0 on March 2, 2021.

The bill was introduced into the House on March 3, 2021, and assigned to the House Judiciary Committee. The Committee set the bill for hearing on Thursday, March 18, 2021, at 3:30 PM in Room 582-N. On March 23, 2021, the House Committee amended the bill to make those sections that would become effective upon publication in the statute book to become effective on publication in the Kansas Register. On March 30, 2021, the full House passed the bill Yea: 122 Nay: 2.

On March 30, 2021, the Senate non-concurred with the House amendments. The House acceded to the Senate request for Conference on April 6, 2021. The Conference Committee Report was presented on April 7, 2021, in which the House receded from all of its amendments to the bill, accepting the bill effective date as July 1, 2021. The House adopted the Conference Committee recommendations Yea: 123 Nay: 0 on April 7, 2021. On April 8, 2021, the Senate also adopted the Conference Committee recommendations Yea: 39 Nay: 0, sending the approved bill to the Governor.

The Governor signed the bill on April 21, 2021, making the provisions of the bill effective upon publication in the statute book on July 1, 2021.

SB120: Child Welfare; establishing joint committee on child welfare system oversight. (PASSED SENATE 37-2)(STRICKEN FROM THE CALENDAR)

This bill, introduced on February 1, 2021, in the Senate Health and Public Welfare Committee, would establish a joint committee to investigate and oversee the Kansas child welfare system. A duplicate bill was introduced in the House as HB2115. The bill was set for hearing on Thursday, February 4, and Tuesday, February 9, 2021, at 8:30 AM each day in Room 142-S. On February 11, 2021, the Senate Committee on Public Health and Welfare recommended that the bill be passed without amendment. The Senate Committee of the Whole debated the bill on March 1, 2021 and recommended passage of the bill after rejecting a proposed amendment by Sen. Dinah Sykes (D-Overland Park) to increase the number of members on the joint committee from 6 to 7. The Senate passed the bill Yea: 37 Nay: 2 on March 2, 2021.

The bill was introduced into the House on March 3, 2021, and referred to the House Committee on Children and Seniors. The Committee set the bill for hearing on  Wednesday, March 17, 2021, at 1:30 PM in Room 152-S. On March 23, 2021, the House Committee amended the bill to add two members to the Joint Committee: a Senate member appointed by the Senate Minority Leader and a House member appointed by the House Majority Leader. On March 31, 2021, the bill was stricken from the House Calendar.

SB122: Evidence; authentication of documents (PASSED SENATE 38–1)(PASSED HOUSE 117-7 AMENDED)(CONFERENCE COMMITTEE)(HOUSE ADOPTED CCR 123-0)(SENATE ADOPTED CCR 36–3)(GOVERNOR SIGNED APRIL 21, 2021)(EFF. JULY 1, 2021)

This bill, introduced on February 1, 2021, would modify the Kansas Evidence Code to make provision for when business records would be admitted into evidence, giving examples and provisions about the kinds of documents to be admitted. The bill would make extensive changes to the rules on authentication of documents to be admitted into evidence. The bill would strike much of the language that now governs authentication of documents (‘ancient documents’ for which indications definitively show the judge that it is reliable and has not been subject to tampering). The bill would substitute a variety of items not normally authenticated and that are often subject to easy tampering. The bill also includes within its terms “examples” of what documents would be admitted under the amendment — an extremely unusual and inappropriate manner of drafting rules of evidence and procedure. “To satisfy the requirement of authenticating or identifying an item of evidence, the proponent [would merely have to] produce evidence sufficient to support a finding that the item is what the proponent claims it is.” The bill is a re-introduction of 2020 SB334, which passed the Senate 34-0 but died in House Committee as a result of the March, 2020 Covid19 shutdown. The bill was assigned to the Senate Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 9, 2021, 10:30 AM Room 346-S. On February 19, 2021, the Senate Committee recommended that the bill be passed by the Senate without amendment. The Senate Committee of the Whole recommended the bill be passed without amendment on March 2, 2021. On March 3, 2021, the Senate passed the bill Yea: 38 Nay: 1.

The bill was introduced into the House on March 3, 2021, and assigned to the House Judiciary Committee for hearings. The House Judiciary Committee scheduled a hearing on the bill for Tuesday, March 23, 2021, at 3:30 PM in Room 582-N. On March 24, 2021, the House Committee amended the bill to make it effective upon publication in the Kansas Register. On March 29, 2021, the House Committee of the Whole passed the amended bill to the entire House for consideration. The full House passed the bill as amended on March 30, 2021 Yea: 117 Nay: 7.

The Senate non-concurred in the House amendments March 30, 2021. The House acceded to the Senate request for Conference on April 6, 2021. The Conference Committee Report was presented on April 7, 2021, in which the House receded from all of its amendments to the bill, accepting the bill effective date as July 1, 2021. The House adopted the Conference Committee recommendations Yea: 123 Nay: 0. On April 8, 2021, the Senate adopted the Conference Committee Report Yea: 36 Nay: 3, sending the approved bill to the Governor.

The Governor signed the bill on April 21, 2021, making the bill effective July 1, 2021, when the statute book is published.

SB123: Parental rights; rape, sexual assault; procedure for terminating rights.

This bill, introduced on February 1, 2021, is a judicial council bill arising out of a study by the Judicial Council’s Family Law Advisory Committee. It would provide a process by which the parental rights of a person whose sexual assault of another person results in the conception of a child. The bill was assigned to the Senate Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 11, 2021, 10:30 AM Room 346-S. At the Senate hearing, Washburn Law School Professor Gillian Chadwick testified for the Kansas Judicial Council setting out the rationale behind the proposal, as did Sara Rust-Martin for the Kansas Coalition Against Sexual and Domestic Violence, and Judge Merlin Wheeler for the Kansas District Judges Association.

SB192: Domestic violence; requiring the relinquishment of firearms

Introduced on February 9, 2021, by Senators Sykes, Corson, Faust-Goudeau, Francisco, Hawk, Holscher, Pettey, and Ware, this bill would require that a person relinquish the possession and ownership of any firearms when a court enters an order for protection from abuse against that person or the person is convicted of domestic battery or any misdemeanor for a domestic violence offense. The bill was assigned to the Senate Judiciary Committee for hearings.

SB241: Adoption; providing for continuation of state-provided health care insurance.

This bill was introduced on February 12, 2021, through the Senate Public Health and Welfare Committee. It would allow a child placed up for adoption following termination of parental rights to remain eligible for state-provided health insurance. The bill regards children placed away from the child’s parents or guardians for whom the Kansas Department for Children and Families had placement and care responsibility at termination of parental rights, and the child was subsequently adopted. The bill was assigned to the Senate Public Health and Welfare Commitee for hearings.

SB271: Civil actions; sexual abuse and assault; abolishing the statute of limitations.

This bill was introduced on February 23, 2021, through the Senate Committee on Federal and State Affairs. It would abolish the current status of limitations for past sexual abuse allegations, including any for which the statute of limitations had already passed–including those prior to 1992 when the statute was originally enacted. The bill was assigned to the Senate Judiciary Committee for hearings.

SB276: Family law, CINC, Children; visually impaired. Considerations in family law, adoption, foster care, guardianship and child in need of care proceedings for a parent or prospective parent who is blind.

This bill was introduced on February 24, 2021, through the Senate Committee on Federal and State Affairs. The bill would generally provide that any individual with vision acuity less that 20/200 would be considered “blind” and that condition could not be taken into consideration for either child custody decisions, or for adoption, foster care, guardianship, or child in need of care proceedings. The bill was assigned to the Senate Judiciary Committee.

SB301: Establishing the office of the child advocate within the office of the attorney general and the joint committee on child welfare system oversight. (See S Sub HB2153)

This bill, introduced on March 18, 2021, would establish the office of child advocate. It is on the same subject as another bill introduced in the House early on in the 2021 Session (HB2345), but very different. The bill was assigned to the Senate Judiciary Committee, which set the bill for hearing on Tuesday, March 23, 2021, at 10:30 AM in Room 346-S. In the Senate Committee, Representative Jerrod Ousley (D-Merriam) and a representative of Children’s Alliance of Kansas testified as opponents to the Senate bill, expressing concerns regarding the scope of the Office and possible inconsistencies with other Kansas statutes. Rep. Ousley encouraged the Committee to amend this bill, or to substitute for it HB2345, which was crafted with input from Children Advocates, and has bi-partisan and broad support in the House. A representative of Cornerstones of Care also provided written-only opponent testimony. On March 30, 2021, the Senate Committee substituted an amended version of SB301 into HB2153, but without some of the signficant amendments proposed by Rep. Ousley and others. (See HB2153).

House:

HB 2001: Creating the crime of sexual extortion and requiring an offender to register under the Kansas offender registration act. (PASSED HOUSE 123-0)(SEE SB60)

This bill was introduced pre-session on December 3, 2020, by Rep. Owens. It is similar to bills introduced in past years by Rep. Clayton (then R-Overland Park) and Rep. Carlin (R-Manhattan). The bill would create the crime of sexual extortion and would require that persons convicted of the crime register as a sex crimes offender. “Sexual extortion” would be defined as “communicating by any means a threat to injure the property or reputation of a person, commit violence against a person, or distribute an image or video of a person that is of a sexual nature or depicts such person in a state of nudity with the intent to coerce such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature; or that causes such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature.”The bill was debated by the House Committee of the Whole on Thursday, February 11, 2021, and passed as amended by Committee that same day on Emergency Final Action, Yea: 123 Nay: 0.

The bill was introduced in the Senate on February 12, 2021, and assigned to the Senate Judiciary Committee for hearings. The Committee set hearings on the bill for Monday, March 15, 2021, at 10:30 AM in Room 346-S. On March 15, 2021, the Committee recommended that an amended version of the bill be passed, with an amendment to make it effective upon publication in the Kansas Register, instead of on July 1, 2021.

HB2009: Removing sodomy between consenting members of the same sex from the definition of “criminal sodomy”

This bill was introduced pre-session on December 22, 2020, by Rep. Carmichael Owens. It is similar to bills introduced in past years that have never received a committee hearing. The bill would simply remove from the definition of criminal sodomy the act of sodomy between persons who are 16 or more years of age and members of the same sex. Sodomy between persons of opposite sex was removed from the definition of criminal sodomy years ago, and same-sex sodomy was found by federal courts to be a violation of equal protection. Notwithstanding it’s lack of constitutionality, previous legislatures failed to remove the provision (because of anti-LGBT sentiment in the legislature).

The bill was referred to the House Judiciary Committee for hearings on January 11, 2021. On January 13, 2021, leadership removed the bill from the House Judiciary Committee referring the bill instead to the House Corrections and Juvenile Justice Committee for hearings.

HB2029: Counting any crime with a domestic violence designation as a prior conviction under domestic battery. (PASSED HOUSE 118-7)

This bill, introduced pre-session on December 31, 2020, would include in the definition of “prior conviction” for purposes of domestic battery any previous crime designated as one of domestic violence. The bill was referred to the House Corrections and Juvenile Justice Committee for hearing, which set the hearing for Thursday, January 21, Monday, January 25, 2021, at 1:30 PM in Room 546-S. In the House Committee, Sara Rust-Martin testifying for the Kansas Coalition Against Sexual and Domestic Violence indicated that this bill would amend current domestic battery law. Currently, in order to move the crime from a misdemeanor to a felony one must be convicted of three domestic battery charges. Unfortunately, it is a frequent practice in Kansas plea down a charge of domestic battery to a lesser charge. “Therefore, an abuser can commit domestic battery more than three times but never have those charges aggregate to a felony because the convictions are for lesser or different crimes.” On January 28, 2021, the Corrections and Juvenile Justice Committee passed the bill out of Committee recommending the bill be passed as introduced. On February 3, 2021, the House Committee of the Whole debated the bill. After being passed to the entire House by the Committee of the Whole, the body passed the bill on Emergency Final Action, Yea: 118 Nay: 7.

The bill was introduced into the Senate on February 4, 2021, and assigned to the Senate Judiciary Committee for hearings.

HB2037: Child abuse; training, teacher training and student instruction; identifying signs of child sexual abuse

This bill, introduced pre-session on January 6, 2021, would direct the Kansas State Board of Education to implement statewide standards to assure all public school teachers annually receive training and education on identifying likely warning signs indicating that a child may be a victim of sexual abuse. It would also direct that the Board review and consider statewide social and emotional standards for student instruction on the difference between appropriate and inappropriate conduct, actions a child may take to be protected from child sexual abuse, and methods for reporting any instance of sexual abuse. The bill was referred to the House Education Committee for hearing.

HB2047: Repeal the “Adoption Protection Act”

This bill was introduced pre-session on January 8, 2021. It would repeal the provisions of the “Adoption Protection  Act,” enacted by the legislature in 2018, which sanctioned discrimination against LGBTQ persons by private adoption agencies. See 2018SB284 discussion on our 2018 Legislative page.

The bill was referred to the House Federal and State Affairs Committee for hearing.

HB2071: Criminal penalties; increasing the penalty for stalking a minor (PASSED HOUSE 125-0)(PASSED SENATE 40–0 AMENDED)(HOUSE CONCURRED 119–0)(GOVERNOR SIGNED APRIL 16, 2021)(EFF. JULY 1, 2021)

This bill, introduced on January 14, 2021, by a bi-partisan group of 21 House members, would create an additional definition that criminal “stalking” is “intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of the targeted child, or a reasonable person in the circumstances of an immediate family member of such child, to fear for such child’s safety.” It provides that a conviction of the offense would be a level 7 person felony, with any subsequent conviction rising to a level 4 person felony.

The bill was referred to the House Judiciary Committee on January 15, 2021, which set a hearing on the bill for Wednesday, January 20, 2021, at 3:30 PM in Room 582-N. Advocates of the proposed bill testified that it would expand on and close a loophole in “Jodi’s Law,” which broadened the definition of stalking and made it easier to prosecute. Johnson County District Attorney Steve Howe testified in support of the measure. He urged legislators to act swiftly in closing a provision that requires that minors know they are being stalked and have fear of it. The bill would eliminate this knowledge requirement. “How is a child supposed to know they are being stalked?” testified Howe. “It just didn’t make sense in our eyes to have that standard.” The bill passed out of committee on February 1, 2021 without amendment. On February 3, 2021, the House Committee of the Whole debated the bill. The Committee of the Whole passed the bill on to the House without amendment. On Emergency Final Action held the same day, the House passed the bill Yea: 125 Nay: 0.

The bill was introduced into the Senate on February 4, 2021, and assigned to the Senate Judiciary Committee for hearings. The Committee set hearings on the bill for Monday, March 15, 2021, at 10:30 AM in Room 346-S. On March 15, 2021, the Committee recommended that the bill be passed with an amendment to make it effective upon publication in the Kansas Register, instead of on July 1. On March 24, 2021, the Committee report was adopted and the Senate Committee of the Whole recommended the bill for final passage. On March 24, 201, the Senate passed the Committee amended bill Yea: 40 Nay: 0. The enrolled bill was presented to the Governor on April 9, 2021.

The Governor signed the bill on April 16, 2021, making it effective upon publication in the statute book on July 1, 2021.

HB2075: Adoptions; venue, allowing venue to be where state agency has office. (PASSED HOUSE 125-0)

This bill, introduced on January 15, 2021 through the Judiciary Committee would allow the venue of any adoption instituted by a state agency to be wherever the state agency or contracting agency “has an office.” The bill was referred to the House Judiciary Committee for hearing, which set the hearing for Thursday, January 28, 2021, at 3:30 PM Room in 582-N. On February 8, 2021, the Committee passed out the bill without amendments for consideration by the full House. The House Committee of the Whole considered the bill and passed it on for consideration by the full House on February 10, 2021. That same day, the House passed the bill Yea: 125 Nay: 0 on Emergency Final Action.

The bill was introduced into the Senate on February 11, 2021, and assigned to the Senate Judiciary Committee. The Committee scheduled testimony on the bill for Friday, March 26, 2021, at 10:30 AM in Room 346-S.

HB2088: Child abuse; requiring observation of the subject child during investigation (PASSED HOUSE 121–2)

This bill was introduced on January 21, 2021 in the House Federal and State Affairs Committee, at the request of Rep. Ruiz and referred back to that committee on the same date. As introduced, the bill would provide that in the event of a joint investigation by DCF and law enforcement, both agencies would be required to visually observe the subject child as part of the investigation. All investigation reports required by the bill would have to include the date, time, and location of the visual observation. The Committee set the bill for hearing on Monday, February 1, 2021, at 9:00 AM Room in 346-S. On February 22, 2021, the Committee recommended that an amended version of the bill be passed. The House Committee amended the bill by adding provisions that would allow a designee of either the Secretary or investigating law enforcement agency to to meet the visual observation requirement, and designating the bill as “Adrian’s Law.” The House Committee of the Whole considered the amended bill on March 3, 2021. On March 4, 2021, the House passed the amended bill Yea: 121 Nay: 2.

The amended bill was introduced into the Senate on March 10, 2021, and assigned to the Senate Committee on Public Health and Welfare.

HB2098: Divorce; name change.

This bill, introduced on January 21, 2021, by Rep. Boog Highberger, would allow a court to change a person involved in a divorce from that person’s married name to another name. Current law only authorizes a court to change a person’s name from a married name to a “former name,” but not to any other name. The bill was assigned to the Judiciary Committee for hearings. The Committee set a hearing on the bill for Thursday, February 4, 2021, at 3:30 PM in Room 582-N. On February 12, 2021, the Committee recommended the bill be passed by the House without amendment. On March 5, 2021, the bill was stricken from the Calendar as not passing the House before the turn-around deadline.

HB2115: Establishing joint committee on child welfare system oversight. (PASSED HOUSE 118–4)

This bill was introduced on January 22, 2021, by the House Committee on Children and Seniors. It would establish (continue) a series of committees previously set up for oversight of issues that the department of children and families has had over the past years, and make recommendations about how to address those issues in law and policy. The bill was assigned to the House Committee on Children and Seniors, and set for hearing on Thursday, February 4, 2021, at 1:30 PM in Room 152-S. Final committee action on the bill was scheduled to occur February 8, 2021, at 1:30 PM in Room 152-S. The Committee passed out the bill on February 9, 2021, with an amendment adding two members to the Joint Committee and modifying the time frame during which the Committee would be required to meet. The bill was considered by the House Committee of the Whole on February 17, 2021. The House Committee of the Whole made a minor grammatic correction to the bill (inserting “of” after the word “members), and recommended the bill be passed with that amendment. On February 18, 2021, the House passed the bill as amended  Yea: 118 Nay: 4.

The bill was introduced into the Senate on on February 18, 2021, and assigned to the Senate Public Health and Welfare Committee for hearings. The Committee held hearings on Wednesday, March 17, 2021, at 8:30 AM in Room 142-S. The Senate Committee amended the bill to change the effective date from upon publication in the Kansas Register to upon publication in the statute book.

HB2120: Sexual battery; removing the spousal exception (PASSED HOUSE 110-13)(SEE SB60)

This bill was introduced on January 22, 2021, by Rep. Brett Parker (D-OP). Rep. Parker filed the same bill in 2019 and in 2020. The bill failed to pass both times despite committee approval and bipartisan support. The bill was assigned to the Judiciary Committee for hearings. The Committee set the bill for hearing on Tuesday, February 2, 2021, at 3:30 PM in Room 582-N. The Committee passed the bill out on February 9, 2021, without amendment, for consideration by the full House. The House Committee of the Whole considered the bill on February 11, 2021. The most noteworthy feature of the debate was the completely clueless, and incredibly misogynistic “reflection” by Rep. Mark Samsel (R-Wellsville) that “marriage” implied that one of the partners could sexually assault the other with impunity because marriage somehow confers general consent for that abuse. As reported by The Kansas Reflector, Samsel said:

“To me, it gets to what does the sanctity of marriage mean?” Samsel said. “And I’m single, so I’m not the best person to speak to this. But when you do get married, what does that mean? And what implied consent are you giving?”

He continued:

“Imagine after a long, hard day at work, and let’s say wife or husband is already asleep, and then perhaps touches the spouse hoping to arouse sexual desires, or perhaps it happens the next morning. But to me, I think if we change this law, a crime has been committed.”

“My concern,” Samsel said, “is we are triggering ethical obligations for what would seemingly be a routine act between man and woman.”

He continued still further into this morass of abusive male-entitlement: “When you sign up for marriage, what does that involve? Not just for the next day, but for hopefully 30 and 40 and 50 years to come. There was a couple of college students before covid that came through last year. And instead of just no meaning no, and trying to get that for consent, it was actually yes means yes. So those are discussions that I hope this body continues to have.”

The bill was then considered for emergency final passage, during which the House approved the bill Yea: 110 Nay: 13, with 10 men and three women opposed to its passage.

In discussing the body’s vote afterward, Rep. Nick Hoheisel (R-Wichita) said in a tweet after the House debate “I want to acknowledge all the bipartisan work that went into repealing this nonsense exception.” “A marriage certificate IS NOT a license for an individual to sexually abuse or batter their spouse.”

The bill was introduced into the Senate on February 12, 2021, and assigned to the Senate Judiciary Committee for hearings.

HB2127: Children in need of care; records release, death

This bill was introduced on January 25, 2021. It would require the department for children and families to release information to the public related to a child fatality caused by abuse or neglect when criminal charges are filed related to the fatality. The bill arises out of a number of cases in past years in which the legislature was unable to obtain information it wanted because of privacy rules involving children and families involved in child in need of care cases. The bill was assigned to the House Judiciary Committee, which scheduled a hearing on the bill for Monday, February 1, 2021, at 3:30 PM in Room 582-N. On February 12, 2021, the House Judiciary Committee passed the bill out of committee recommending the bill be passed with an amendment to clarify the circumstances requiring the release of the information. The bill was stricken from the Calendar on March 5, 2021, when it hadn’t passed the House by the turn-around deadline.

S Sub HB2153: Crimes and criminal procedure; mistreatment of a dependent adult or elder person; increasing criminal penalty (PASSED HOUSE 123–0) Establishing the office of the child advocate within the office of the attorney general and the joint committee on child welfare system oversight (SUBSTITUTE PASSED SENATE 31–4)

This bill was introduced into the House through the House Judiciary Committee on January 27, 2021. It would amend the crime of mistreatment of a dependent adult or elder person to raise the penalty: from a severity level 5 person felony to a severity level 2 person felony when the crime involves the infliction of physical injury, unreasonable confinement, or unreasonable punishment, and the victim is a dependent adult residing in an adult care home during the commission of the offense; and from a severity level 8 person felony to a severity level 5 person felony, when the crime involves omission or deprivation of treatment, goods, or services that are necessary to maintain the physical or mental health of the victim, and the victim is a dependent adult who is a resident of an adult care home during the commission of the offense. The bill was referred to the House Judiciary Committee for hearings. The Committee scheduled hearings on the bill for Monday, February 8, 2021, at 3:30 PM in Room 582-N. On February 25, 2021, the Judiciary Committee recommended that the bill be passed as introduced. The House Committee of the Whole considered the bill on March 2, 2021, recommending adoption by the full House. On March 3, 2021, the bill was adopted by the House Yea: 124 Nay: 0.

The bill was introduced into the Senate that same day, March 3, 2021, and assigned to the Senate Judiciary Committee. The bill was scheduled for hearing on Tuesday, March 23, 2021, at 10:30 AM in Room 346-S, with a second day of hearings on Thursday, March 25, 2021, at 10:30 AM in Room 346-S. On March 30, 2021, the Senate Judiciary Committee substituted the language from SB301 for the existing language of HB2153 bill and recommended the substitute bill be passed. The Senate Committee on Judiciary amended HB2121 to add the contents of HB2153 as introduced and recommended a substitute bill for HB2153 containing amended language from SB301. The substitute bill would create the Office of the Child Advocate “to receive and resolve complaints from legislators and from persons involved with the child welfare system alleging that the Department for Children and Families (DCF), DCF’s contracting agencies, or the Department of Corrections (KDOC) has provided inadequate protection or care of children and assist the Legislature in conducting oversight of the child welfare system to improve the safety and welfare of children.” The Office would be established as a division within and under the jurisdiction of the Attorney General and would be administered by the Child Advocate. The bill would provide, when a vacancy occurs or will occur in the position of the Child Advocate, the Attorney General would promptly notify the chairperson of the Joint Committee (also created by the bill). The Joint Committee would promptly receive applications for the position and recommend three applicants to the Attorney General, who would appoint the Child Advocate, subject to confirmation by the Senate, for a term to expire on January 15 of each even-numbered year, beginning in 2022. The bill would require the Child Advocate to exercise independent judgment in carrying out the duties of the Office and to report to the Attorney General, who could remove the Child Advocate for cause prior to the expiration of the Child Advocate’s term of office. Any files maintained by the Office would be confidential and disclosed only at the discretion of the Child Advocate, except that the identity of any complainant or child would not be disclosed by the Office unless the complainant or child, or either’s legal representative, consents in writing to such disclosure or such disclosure is required by court order. The bill would also establish a Joint Committee on Child Welfare System Oversight, which would review various aspects, including the proposed budget for, the child welfare system agencies, and would authorize the Joint Committee to make recommendations and introduce legislation. After some debate on March 31, 2021, the Senate Committee of the Whole recommended passage of the substitute bill, and the full Senate passed the substitute bill Yea: 31 Nay: 4 on Emergency Final Action.

HB2200: Children in need of care, Juvenile offenders; relating to risk and needs assessment, evidence-based programs account money

This bill was introduced on February 2, 2021 by the Corrections and Juvenile Justice Committee. It would require the departments of corrections and children and families to coordinate and cooperate to identify and provide more money for evidence-based services for children needing those services. In addition, the bill would provide that a court can extend the overall case length to allow for the completion of any programs in which a child is involved.

HB2223: Crimes; criminal sodomy and sexual battery, when victim’s consent obtained through a knowing misrepresentation

This bill was introduced on February 3, 2021. It would amend current law to make criminal obtaining a victim’s consent to sexual relations by a knowing misrepresentation. The bill was assigned to the House Judiciary Committee for hearing.

HB2227: KSCourts; Suspension of time limitations, verification, audio-visual communication, until June 1, 2022. (PASSED HOUSE 113–10)(PASSED SENATE 34–5)(GOVERNOR SIGNED)(EFFECTIVE: KANSAS REGISTER PUBLICATION)

This bill was introduced by the House Judiciary Committee on February 3, 2021. It was assigned to the House Judiciary Committee for hearings. The Judiciary Committee set a hearing on Tuesday, February 9, 2021, at 3:30 PM in Room 582-N. On February 24, 2021, the Committee recommended that an amended bill be passed by the full House. The bill proposed that the chief justice be allowed to suspend certain time limitations during a state of a disaster emergency, allowing for the suspension of verification requirements, and the use of electronic audio-visual communication to expeditiously resolve cases. The bill proposed to extend the chief justice’s authority to suspend time limitations until June 1, 2022. The Committee amendment did away with the absolute deadline, referring instead to whatever deadline resulted when an emergency is declared. The House Committee of the Whole considered the bill on March 3, 2021, recommending that it be passed. On March 4, 2021, the House passed the bill as amended by Committee  Yea: 113 Nay: 10. (The ten members that voted against the bill are some of the furthest right-wing Republicans in the House, and consistent deniers that any pandemic was occurring.)

The bill was introduced into the Senate on March 5, 2021, and assigned to the Senate Judiciary Committee. On March 16, 2021, the Senate Judiciary Committee recommended the bill be passed as amended by the House. The Senate Committee of the Whole debated the bill on March 17, 2021, and passed it on for consideration by the full Senate. That same day, the Senate passed the bill as amended by House Committee Yea: 34 Nay: 5, sending it on to the Governor.

The bill was Enrolled and presented to Governor on Tuesday, March 23, 2021. On Monday, March 29, 2021, the bill was approved by the Governor, making it effective when published in the Kansas Register.

HB2251: Relinquishment of firearms; domestic violence, domestic battery

This bill, introduced on February 5, 2021, would mandate that a court issue an order requiring a defendant to relinquish all firearms in that defendant’s custody, control, or possession, and any concealed carry license issued to the defendant when that court issue a qualifying protection order against the defendant or enters a conviction against the defendant for domestic battery. The bill was referred to the House Federal and State Affairs Committee for hearings. The Committee scheduled a hearing on the bill for Friday, March 19, 2021, Friday, March 26, 2021, at 9:00 AM Room in 346-S. Many conferees, both pro and con, gave oral and written testimony at the hearing. Proponents testified about the need for a mechanism to carry out the dictates of protection order statutes when a court orders that a defendant not possess a gun. Opponents testified about the lack of funding to carry out the bill’s mandates, as well as concerns about the abusers’ rights to have guns and due process before those deadly weapons could be removed from them to protect victims.

HB2271: CINC; providing for an extension or re-entry of custody for persons up to 21 years of age

This bill was introduced on February 9, 2021, by Representative Adam Thomas (R-Olathe). It would add a definition of “adult child in need of care,” and provide that upon request by a person over the age of 18, but less than 21, the department of children and families could continue to provide assistance until the person graduated from high school. The bill was assigned to the Children and Seniors Committee for hearing, which set a hearing for Tuesday, February 23, 2021, at 1:30 PM in Room 152-S.

HB2323: Marriage; removing the requirement that marriage be between two parties of the opposite sex.

This bill, introduced on February 10, 2021, would remove from Kansas statutes the unconstitutional provision that marriage can only occur between a biological man and a biological woman. Although the provision is unconstitutional, the Kansas Legislature has steadfastly refused to remove this unconstitutional language from the state since 2015 when the United States Supreme Court handed down its decision in Obergefell v. Hodges. Other states legislatures have recently also recently considered removing their outdated language to eliminate the statutory vestiges of this discriminatory law — notably, Virginia. The bill was assigned to the House Judiciary Committee for hearings.

HB2345: Office of the child advocate for children’s protection and services; creation. (Stricken from the Calendar)

This bill, introduced on February 10, 2021, by Rep. Jerrod Ousley (D-Merriam) and 17 cosponsors, would establish an office of the child advocate for children’s protection and services. The Kansas Child Death Review Board report as well as the 2018 Child Welfare System Task Force that studied our children’s welfare system recommended interagency communication and collaboration to ensure each child’s specific situation was reviewed and tracked holistically. This Office would provide this benefit. Rep. Ousley introduced this same bill in the Covid-19-shortened 2020 Legislative Session. As explained by Rep. Ousley in an article in the Shawnee Mission Post in January 2020, “Kansas is one of a few states that does not currently have an Office of the Child Advocate, or an Ombudsman Office to address children’s services concerns.” The bill was assigned to the House Committee on Children and Seniors for hearings. The bill was set for hearing on Wednesday, February 17, 2021, at 1:30 PM in Room 152-S.

At that hearing, it was explained that under the proposed bill, the child advocate would report to the Legislature. The office would have a nine-member staff dedicated to investigating complaints about the well-being of children in state custody, ensuring coordination among state agencies and court services, and providing recommendations to lawmakers. The governor and chief justice of the Kansas Supreme Court would appoint the child advocate to a six-year term. DCF testified that it opposes the bill because the bill would place the office under the Legislature, rather than in the Department of Administration. The Kansas Reflector reported that proponents of the bill say it is important to keep the advocate independent of the executive branch. Meanwhile, parents testified that DCF ignored repeated warnings about the torture of one child by his biological father and stepmother before the 7-year-old boy’s remains were found in 2015. The boy had been tortured, starved to death, and fed to pigs. Another testified that her grandson “told people over and over again” about the beatings he suffered. His stepmother recorded video of the abuse, which included strapping the child to an inversion table and using a Taser on him for up to 20 seconds at a time. At the end of the hearing, Rep. Susan Concannon (R-Beloit) said she plans to take action on the bill the week following the hearing, after working out some minor revisions with Ousley. An additional hearing was scheduled for Monday, February 22, 2021, at 1:30 PM in Room 152-S. On February 22, 2021, the Committee amended the bill to: (1) Replace certain references to the Office of Judicial AdministrationOJA with references to juvenile courts; (2) Add the Chief Justice of the Kansas Supreme Court as a joint appointing authority for the Child Advocate; (3) Adjust the mandatory and permissive duties of the Child Advocate; (4) Clarify the Child Advocate’s relationship to the judicial and executive branches and the duties of other entities, officials, and professionals; (5) Adjust the confidentiality requirements related to the Office and its reports; (6) Amend the definition of “child”; (7) Add references to any relevant joint committee; (8) Adjust the Office’s access to records and other information; and (9)  Clarify statutory references. The bill was stricken from the House Calendar on March 5, 2021, when it had not passed the House by the turn-around deadline.

HB2362: Child abuse, criminal; Modifying the elements of and making changes to the criminal penalties  (PASSED HOUSE 123–0)

This bill was introduced on February 11, 2021. It would redefine the crime of criminal abuse, removing the provisions that it include “torturing” or inflicting “cruel and unusual punishment” on a child, and instead use the following more objective language:

“(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking;

“(B) knowingly inflicting cruel and inhuman corporal punishment; or

“(C) knowingly using cruel and inhuman physical restraint, including caging or confining the child in a space not designated for human habitation or binding the child in a way that is not medically necessary;

“(2) recklessly causing great bodily harm, abusive head trauma, permanent disability or disfigurement; or

“(3) (A) knowingly causing great bodily harm, abusive head trauma, permanent disability or disfigurement;

“(B) knowingly inflicting cruel and inhuman corporal punishment with a deadly weapon; or

“(C) knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of the child or by blocking the nose or mouth of the child in a manner whereby death or great bodily harm could be inflicted.“

The bill was assigned to the House Judiciary Committee for hearings. On February 25, 2021, the Committee recommended the bill pass without amendment. On February 25, 2021, the House Committee amended the bill to add progress, degree, and minimum credit hour requirements and maximum benefit periods to the educational exemptions created by the bill and to change the term “private” to “nonpublic.” The House Committee of the Whole considered the bill on March 2, 2021, and recommended its passage. The House passed the bill Yea: 124 Nay: 0 on March 3, 2021.

The bill was introduced into the Senate on March 4, 2021, and assigned to the Senate Judiciary Committee for hearings.

HB2371: Assistance, food and childcare; removing cooperation with child support from requirements for receipt

This bill was introduced on February 12, 2021. It would delete from the requirements for receiving TANF benefits that the recipient be disqualified if they “not cooperated without good cause with child support services shall be ineligible to participate in the food assistance program.” The requirement is imposed by federal law and cannot be undone. The bill was assigned to the House Children and Seniors Committee. A hearing was held on Monday, February 22, 2021 at 1:30 PM in Room 152-S. At the House Committee hearing, representatives of ChildCare Aware of Kansas, DCF, Kansas Action for Children, Kansas Appleseed, and Kansas Coalition Against Sexual and Domestic Violence; an associate professor at The Ohio State University, College of Social Work; and a private citizen testified as proponents of the bill, stating the bill would increase access to the child care and food assistance programs, which would remove educational barriers and enhance economic opportunity. On March 1, 2021, the House Committee recommended the bill be amended to add progress, degree, and minimum credit hour requirements and maximum benefit periods to the educational exemptions created by the bill and to change the term “private” to “nonpublic.” The bill was stricken from the Calendar March 5, 2021, when it had not passed the House by the turn-around deadline.

HB2376: Orders of Protection; Requiring law enforcement agencies to adopt a policy relating to making arrests for violation of a protective order and procedures for separating suspects from the scene for a period of time.

This bill was introduced on February 12, 2021 by the House Judiciary Committee. It would require that law enforcement agencies adopt appropriate policies for arrest based upon a violation of existing orders of protection (protection from stalking and protection from abuse). It would also require those agencies set out their procedures for separating suspects of violating a protective order from the scene where the violation occurred. Although federal law provides requirements in the Violence Against Women Act (VAWA), too many law enforcement agencies continue to defer arrest and separation of accused from victims because they consider it a domestic matter or because they are unable to determine the circumstances of the allegations. The bill was assigned to the House Judiciary Committee for hearings. The bill was set for hearing on February 23, 2021, at 3:30 PM in Room 582-N.

HB2410: Protection Orders; creating the “gun violence restraining order act”

This bill, introduced through the House Federal and State Affairs Committee would authorize a court to issue protective orders prohibiting the purchase or possession of firearms by a person upon request by a family member, person in a dating relationship with that person, or another person close to the person. The court would have authority to issue a gun violence restraining order if the court determines there is reasonable cause to believe that the defendant poses a significant risk of personal injury to self or others by possessing a firearm. The bill was assigned to the Federal and State Affairs Committee for hearings.

HB2422: Marriage; 18-year old age requirement, removing exceptions.

This bill was introduced on February 25, 2021, by Rep. Stephanie Clayton (D-Johnson County) through the House Federal and State Affairs Committee. It would change Kansas law to mandate that a person must be at least 18-years of age in order to get married, and it would also eliminate exceptions currently recognized by Kansas law (parental consent). Similar proposals have been pushed for decades throughout the world by various organizations (including the International Academy of Family Lawyers) and other advocates to stop children from being abused and enslaved by their families. In an article about the bill, the Kansas City Star noted that Clayton’s bill is the first attempt to change the minimum age for marriage in Kansas in recent years. Until 2006, the state allowed children of any age to marry with parental permission. That year, the Kansas Legislature finally limited the state’s practice of allowing common-law marriages only to those persons who were aged 18 or greater. The bill was assigned to the House Federal and State Affairs Committee for hearings. The Committee scheduled a hearing on the bill for Friday, March 19, 2021, March 26, 2021, at 9:00 AM Room in 346-S. At the hearing, many proponents presented strong written as well as oral testimony in favor of the bill. No opponents presented testimony against the bill.

HB2448: Foster homes; licensing.

This bill, introduced on March 23, 2021, would permit the secretary for children and families to license family foster homes where a former foster care youth with juvenile adjudications resides. The bill was assigned to the House Committee on Appropriations, which scheduled a hearing on the bill for Wednesday, March 24, 2021, at 1:30 PM in Room 152-S.